this is a perfect example of when serious consideration should be he given to enemy combatant status and needs to be looked at seriously. >> judge jeanine: the obama administration has indicated they are going through the public safety exception but you all indications are that they want to prosecute this guy in the federal court. having said that when the police came out and said that, you know, this is no longer a danger here. haven't they in essence destroyed the public safety exception by saying everything is okay, everybody can come out, all is well? >> here is the problem. they made that statement and then about ten minutes later they engaged the defendant. the accused. so all was not wl. and i understand the police were making the best effort. i think they did a heroic and fantastic job. i'm not sure that wou be dispositive. i think the whole idea of mirandizing this individual is a mistake from the get go. i have done a lot of work with the justice department, worked with treasury. i hate that they are going down this route but looks like that is the road they go down. >> jud